Gender Based Sexual Violence (Gbsv) in Conflict Zones of India: Study of Forgotten Case of Kunan-Poshpora Mass Rape Incident and Why Is It Important to Remember It?

Abstract

“How to tell a shattered story? By slowly becoming everybody. No. By slowly becoming everything.” - Arundhati Roy, The Ministry of Utmost Happiness History of sexual violence in conflict zones can be traced back to as long as conflicts existed. However, it took recent events in world history to create an awakening in International community to take measures against widespread sexual atrocities done in conflict zones. The turning point came post disintegration of Yugoslavian state in early 90s and sexual atrocities that happened post breakdown. Coming close to our homeland - India, sexual violence in armed conflict is unfortunately a stark reality and state Institutions/ belligerents have both used it as a systematic tactic of war. Kashmir had been a burning political issue between India and Pakistan since both the modern nation came into being after colonial rule of British ended in 1947. The seven-decade long conflict resulted in numerous casualties in both Indian-Administered and Pakistan-Administered Kashmir. In my article I am using the mass rape incident which happened in twin villages of kunan and Poshpora, located in Kashmir’s Kupwara District on February 23, 1991 as my case study. It has been more than 27 years and legal proceedings regarding the incident remains opaque. The study is done with an objective of understanding nuances associated with such atrocities and how a future “kunan-pushpora” can be avoided in conflict zones of subcontinent. Through this article I argue that our country’s legal and constitutionalism have failed to respond to challenges imposed by GBSV in conflict zones.